Analysis of Types of Abuse in the Mining Sector from the Perspective of the Iranian Legal System

Abstract

Considering that Iran is among the countries ranked high in terms of diversity and value of mineral resources worldwide, as well as its regional position, the domestic and international political and economic conditions have caused mining sector activities to positively influence the national budget and the general policies of the system in line with the realization of Articles 44 and 45 of the Constitution. In implementing these policies, the government, as the executive body, has been relatively successful; however, the adopted policies in Iran have not always been aligned with the prevailing conditions and have, in some cases, led to new problems in this field. Generally, in any administrative system, due to the influence of various factors, the possibility of abuse and corruption exists, leading to disharmony and disruption within the structure and functioning of that system. The mining sector is no exception to this rule. The Ministry of Industry, Mine and Trade, along with its affiliated departments, as the main authority in the mining sector, due to its extensive scope and lack of effective control, provides an appropriate ground for abuse and corruption in its administrative system. Accordingly, this article identifies types of abuse and administrative corruption in the mining sector, the most well-known of which include: (1) abuse of laws and regulations, (2) abuse in the executive and administrative procedures, and (3) abuse in monitoring and handling administrative violations and crimes. Each of these areas is itself influenced by more specific issues. Concerning abuses of laws and regulations in the mining sector, the main cases include: (1) different interpretations of laws and regulations in the mining sector, (2) application of laws in non-explicit cases due to legal gaps, (3) failure to fully implement laws and regulations with all their details in the mining sector, and (4) use of redundant and unnecessary laws. Regarding abuses in executive affairs in the mining sector, cases include: (1) abuse of decisions and weak supervision by the Supreme Mining Council over the Ministry of Industry, Mine and Trade, (2) abuse in interactions and the establishment of joint working groups between the Ministry of Industry, Mine and Trade and other organizations and executive bodies, (3) abuse in conducting auctions in the mining sector, (4) abuse in the collection of governmental royalties, and (5) abuse in the issuance of mining permits. Furthermore, abuses that occur in addressing violations and corruption in the mining sector are often carried out both externally and internally within the organization.